Execution in maintenance case u/s 125
Mahesh Chand Gupta
(Querist) 04 June 2013
This query is : Resolved
A case u/s 125 was submitted in November, 2003 in which interim maintenance was ordered in November, 2006 @ Rs. 1,000/- per month. This maintenance case was submitted by the petitioner by hiding her qualification and profession of advocacy as she was registered legal practitioner since March, 1996. An application u/s 340 was submitted by opposite party which is still pending for hearing. No interim maintenance was paid till November, 2011. Petitioner submitted execution case in November, 2011. After that, Twelve thousand rupees in total were paid till date assuming that Execution can be made only for a period of twelve months. Petitioner wants recovery of interim maintenance from the date of case i.e. November, 2003. How much amount is legally payable to the petitioner now?
Nadeem Qureshi
(Expert) 04 June 2013
Dear Querist
in Criminal Proceeding she can not claim more then a period of twelve months but she can file a civil suit for recovery before Civil Court and file an application/Petition u/s 128 of Cr.P.C for enforcement of Order against opposite party/Husband.
How much amount is legally payable to the petitioner now?
OIpinion: Its depend on the court order, if in the order, it is mentioned that the maintenance will be payable from date of filing the petition then filling the petition other wise from date of order.
Calculate the period and arrears yourself.
Feel Free to Call
Raj Kumar Makkad
(Expert) 04 June 2013
The recovery is restricted to last 12 months of application so there is no further scope.
Devajyoti Barman
(Expert) 05 June 2013
Yes, wife ca not claim arrears amount for more than 12 months old.
